One of the main reasons HHC is so popular is because it can be made from hemp.

According to the 2018 Farm Bill, HHC is legal as long as it’s derived from hemp. However, some states have conflicting laws that could make HHC illegal.

There’s just one problem — because HHC products are so new to the market, there’s no direct mention of them in any local state law. This leaves a lot of room for interpretation on which HHC products are legal and which ones are illegal.

In this article, we’ll shed light on the current regulatory status of HHC in all 50 US states, along with some insight into how these laws could change in the near future.

What Is HHC?

Hexahydrocannabinol (HHC) is a naturally-occurring cannabinoid chemically related to THC. To learn more about HHC cannabinoid, we first need to know that it was discovered in the 1940s but couldn’t be extracted in high enough quantities to be of any use — until recently. New methods of isolation have been developed that can produce high quantities of HHC for use in commercial products.

There aren’t any clinical studies on HHC’s effects in humans, so everything known about its effects comes from anecdotal reports or is projected from current research involving THC.

Is HHC Natural or Synthetic?

HHC has been found numerous times in raw cannabis material. It’s naturally occurring, but only in trace amounts.

Most THC converts to CBN (cannabinol), but a small percentage remains long-term in the form of HHC.

With that said, it’s also possible to create HHC synthetically. It should be noted that all synthetically-derived cannabinoids are illegal.

Is HHC Legal?

The legal status of HHC is complicated, but most experts agree it’s legal under current federal regulations (2018 Farm Bill) — as long as it’s derived from hemp and contains no more than 0.3% THC by dried weight.

However, some states have chosen to restrict alternative cannabinoids like delta 8 THC. While no state legislature has explicitly restricted HHC yet, many assume that states with delta 8 restrictions are likely to invoke similar restrictions on HHC if it gains enough popularity.

HHC Legality by State

It’s important to remember that there aren’t any laws restricting HHC, specifically in any state. However, it’s safe to assume that states that have passed delta 8 restrictions would likely consider HHC illegal as well.

The legal status of HHC in each state: 

Alabama

HHC Legality: Unrestricted

Alabama state law bans all tetrahydrocannabinols except for those found in hemp. This means hemp-derived HHC is legal here.

Alaska

HHC Legality: 0.3% limit

Alaska laws regulate HHC the same way as delta 9 THC. As long as it’s derived solely from hemp and is present in concentrations no higher than 0.3%, it’s legal. This means only certain gummies or edible products are legal. Distillate-based products (such as vapes) require much higher concentrations.

Arizona

HHC Legality: Unrestricted

Arizona prohibits psychoactive cannabinoids from the entire cannabis genus. This means HHC derived from hemp is likely viewed the same way as HHC derived from marijuana.

Arkansas

HHC Legality: Unrestricted

Arkansas law closely resembles federal law — suggesting that only marijuana-derived THC is illegal. Hemp-derived compounds are legal.

California

HHC Legality: 0.3% Limit

Marijuana is legal in the state of California under the Medicinal and Adult Use Cannabis Regulation and Safety Act (2022). However, the current language on AB45 suggests HHC is limited to concentrations of 0.3% or below. This means only certain HHC gummy products or other edibles are legal in the state of California.

Colorado

HHC Legality: Illegal

Colorado bans any form of modification of cannabinoids regardless of whether or not they’re found naturally in hemp or not. This ruling comes despite the fact that Colorado legalized marijuana products for recreational use back in 2014.

Connecticut

HHC Legality: Restricted (Registered Vendors Only)

New laws enable all cannabis extracts, including HHC, to be legally sold in Connecticut, but only through the state’s regulatory network. You can buy HHC from registered dispensaries, but online sales remain restricted.

Delaware

HHC Legality: 0.3% Limit

Delaware law doesn’t differentiate between the psychoactive ingredients in marijuana versus hemp. Any psychoactive compound from the genus cannabis is illegal in Delaware. This means HHC is limited to the same concentrations as delta 9 THC (0.3%).

Florida

HHC Legality: Unrestricted

Hemp-derived ingredients are not subject to the prohibition laws for cannabinoids in the state of Florida. Since the introduction of the 2018 Farm Bill, no laws have been passed to specifically ban HHC or broaden the definition of “THC” in the state. This means HHC remains unregulated in Florida.

Georgia

HHC Legality: Unrestricted

There’s no indication that hemp-derived ingredients are illegal in the state of Georgia. Even with the most recent version of the Georgia Hemp Act (December 2022), no wording was included that could implicate HHC.

Hawaii

HHC Legality: Unrestricted

There’s no clear information on whether HHC is legal in Hawaii or not because nothing is mentioned in the legislature that would exclude or include active constituents from hemp.

HB1243 was introduced in December 2021 to ensure all cannabis products are sold only to those 21 and older — this would include the sale of HHC.

SB3141 was introduced in June 2022, which banned the sale of synthetic cannabinoids. HHC, delta 10, and delta 8 THC were not included on this list.

Idaho

HHC Legality: 0.3% Limit

Idaho has traditionally taken a strong stance against cannabis. Most legal experts were expecting Idaho to ban HHC and delta 8 THC on the most recent amendment of the Schedule I, II, IV, and V controlled substances lists via SB1246 — however, no mention of these cannabinoids were included on the final bill.

However, HB446 suggests that all tetrahydrocannabinol isomers must follow the regulations imposed on delta 9 THC. This means products sold here must remain within the 0.3% limit.

Illinois

HHC Legality: Unrestricted

A recent statement from the Illinois Department of Agriculture Statement placed a limit on the sale of delta 8, delta 10, and THC-O until September 2022. No mention was made of HHC at the time, and no official ruling has been made to further block the sale of hemp-derived HHC within the state.

Indiana

HHC Legality: Unrestricted

HHC is not mentioned on any of the state’s cannabis bills. There have been various attempts to change this, such as SB209, but all have failed so far.

THC levels are strictly controlled, but as long as the THC doesn’t exceed 0.3% and the extract is derived entirely from hemp, it’s considered legal in the state of Indiana.

Iowa

HHC Legality: 0.3% Limit

The IOWA Hemp Act lists all intoxicating hemp-derived cannabinoids under the same regulations as delta 9 THC. This means only products that contain no more than 0.3% HHC (by weight) are considered legal. All inhalable forms of cannabis products were made illegal under the same act.

Kansas

HHC Legality: Unrestricted

HB2540 was passed in May 2022, which clarifies the banning of synthetic cannabinoids — but no mention of delta 8 or HHC were included on this bill. The Kansas Industrial Hemp Act also considers hemp-derived products as legal as long as the delta 9 THC concentration remains 0.3% or below.

Kentucky

HHC Legality: 0.3% Limit

Kentucky State Bill 170 defines hemp as any part of the Cannabis sativa plant that are non-intoxicating and contain no more than 0.3% delta 9 THC by dried weight. Therefore, HHC is legal in Kentucky, but only in concentrations no more than the 0.3% limit for potentially intoxicating compounds. Gummies or esibles are the best option here as many contain low concentrations of these compounds relative to weight.

Louisiana

HHC Legality: Unrestricted

Louisiana is notoriously harsh on drug laws. They’re one of the only US states to ban plants like kratom, kava, and Kanna. However, there’s no indication that HHC is considered illegal (yet) within the state.

The Louisiana Industrial Hemp Act places a heavy focus on delta 9 THC — no mention is made for HHC in this act.

In June 2022, HB758 was passed, which further clarified THC as both tetrahydrocannabinol and tetrahydrocannabinol acid — but HHC was left off this bill as well.

Maine

HHC Legality: Unrestricted

Maine cannabis laws closely mimic the language used in federal regulations. This means HHC is likely legal as long as it’s derived from hemp.

Maryland

HHC Legality: Unrestricted

Maryland has yet to mention HHC on any official ruling. They maintain the same language as the federal bill — ensuring all hemp-derived products contain no more than 0.3% THC.

SB788 was introduced in May 2022 which prohibits the sale of cannabinoids to those under the age of 21.

Massachusetts

HHC Legality: Unrestricted

Massachusettes recently added delta 8 to its list of prohibited substances regardless of its origins but doesn’t currently offer any specific regulations on HHC.

Michigan

HHC Legality: 0.3% Limit

Michigan considers all forms of THC illegal unless sold by registered vendors. These laws will be regulated by the Michigan Cannabis Regulatory Agency.

HB4517 establishes all isomers of THC to be included in the definition of THC. This could include HHC — meaning that all products, whether derived from hemp or marijuana, must maintain no more than 0.3% total THC concentrations by weight.

It’s interesting to note that some municipalities in the state of Michigan, such as Ann Arbor, have recently moved to decriminalize naturally occurring psychoactive substances such as psilocybin.

Minnesota

HHC Legality: 0.3% Limit

As per the introduction of HF3595, any hemp-derived cannabinoid containing more than 0.3% THC isomers (including delta 8 and HHC) are illegal. This means only certain compliant-friendly gummies or other edible products that contain no more than 0.3% THC (and isomers) are considered legal in the state.

Mississippi

HHC Legality: Unrestricted

Hemp and all hemp-derived products were recently removed from the state’s definition of marijuana. Hemp-derived products are only limited in the concentration of delta 9 THC (0.3%).

Missouri

HHC Legality: Unrestricted

Missouri only prohibits hemp-derived extracts that exceed the federal limit for THC (which is currently 0.3%, but talks are underway to increase this to 1%).

Montana

HHC Legality: Unrestricted

The Montana New Hemp Plan places the same limitations as the federal ruling — suggesting all hemp-derived products must contain no more than 0.3% delta 9 THC by weight. No mention is made for the limitations on other cannabinoids like HHC.

Nebraska

HHC Legality: Unrestricted

Cannabis laws in Nebraska resemble the language used in the federal bill — this means any hemp-derived cannabinoid extract is legal, so long as the THC level remains below 0.3%.

Nevada

HHC Legality: Unrestricted

HHC is not mentioned anywhere in the Nevada state legislature. However, delta 8 is named as a prohibited substance under SB49. Specific limitations were put in place at this time, but no mention of HHC has been included on any of the recent Nevada state bills involving cannabis products.

New Hampshire

HHC Legality: Unrestricted

There are no indications that HHC is considered a prohibited substance in the New Hampshire state legislature — as long as it’s derived solely from hemp and contains no more than 0.3% delta 9 THC.

New Jersey

HHC Legality: Unrestricted

There’s no indication that HHC is illegal in the state of New Jersey as long as products fit the legal description for cannabinoid products as per the federal government (0.3% delta 9 THC maximum).

New Mexico

HHC Legality: Unrestricted

New Mexico uses the same language for all cannabinoids as the federal government. Hemp-derived HHC is legal as long as THC levels remain below federal thresholds.

New York

HHC Legality: 0.3% Limit

New York’s Cannabinoid Hemp Program prohibits all synthetic cannabinoids as well as those created through isomerization — which would include most delta 8, delta 10, and HHC products. These products are regulated to the same 0.3% maximum imposed on marijuana-derived cannabinoids such as delta 9 THC.

Each individually-packaged product is also limited to contain no more than 25 mg total cannabinoids.

North Carolina

HHC Legality: Unrestricted

North Carolina state law makes no mention of HHC, and there’s no indication that HHC would be considered illegal here.

North Dakota

HHC Legality: 0.3% Limit

North Dakota is one of the strictest states when it comes to the sale of cannabis products — regardless of whether they come from hemp or marijuana.

HB1045 suggests any structural, optical, or geometric isomers of delta 9 THC is considered “tetrahydrocannabinol.” The state also prohibits products with more than 0.3% total THC by weight.

Ohio

HHC Legality: Unrestricted

Ohio Hemp Law establishes that their hemp laws align with the federal ruling — which says that any hemp-derived cannabinoid products are legal as long as the delta 9 THC concentration remains below 0.3%.

Ohio also recently reduced criminal penalties for those in possession of cannabis products under SB288.

Oklahoma

HHC Legality: 0.3% Limit

Recently, HB3439 banned all cannabinoids that mimic THC. Delta 8 and delta 10 were mentioned by name, and while HHC was left off the list it’s implied under the language currently included in the bill. This means all hemp-derived products must remain compliant by including HHC in concentrations of 0.3% or below.

Oregon

HHC Legality: 0.3% Limit

HB 3000 establishes that any product made by altering hemp-derived cannabinoids is considered artificially-derived. This would include the majority of HHC products in the United States. The bill also establishes that all artificially-derived cannabinoids, or cannabinoids that are structural, optical, or geometric isomers of delta 9 THC are prohibited in concentrations over 0.3%.

Pennsylvania

HHC Legality: Unrestricted

Pennsylvania hasn’t added any additional rulings to the federal government’s definition of legal versus illegal cannabis extracts. This means HHC is likely legal in the state of Pennsylvania.

Rhode Island

HHC Legality: 0.3% Limit

Rhode Island classified all structural, optical, and geometric isomers of delta 9 THC, regardless of their source, as THC. The state limits the sale of any product containing more than 0.3% THC. This means only certain gummy or other edible products that are made specifically to meet these compliance limitations are legal in the state of Rhode Island.

South Carolina

HHC Legality: Unrestricted

The South Carolina Hemp Program specifically mentions delta 8 as a banned substance, but no mention of HHC is included. There’s also no language in the current bill that would suggest HHC is considered under the same definition of THC.

H3803 recently decriminalized the possession of 1 0z or less of marijuana.

South Dakota

HHC Legality: Unrestricted

The only regulation in place for hemp-derived products containing delta 8, delta 10, HHC, and THC-O in South Dakota is HB1292 — which ensures these products are only sold to adults over the age of 21.

Tennessee

HHC Legality: Unrestricted

Hemp is not considered a prohibited substance in Tennessee, and all cannabinoid derivatives are considered legal as per the 2018 Farm Bill. No new regulations have been implemented to ban the sale of products containing HHC.

Texas

HHC Legality: Unrestricted

Texas almost banned delta 8 THC in 2020, but the bill was blocked and never reinstated. There’s no indication that hemp-derived HHC is illegal here.

Utah

HHC Legality: Illegal

All cannabis-derived products must be registered with the Utah Department of Agriculture and Food in order to be lawful — however, it doesn’t appear this organization has approved any companies selling HHC or delta 8 and will likely continue to refuse business for the foreseeable future.

Additionally, all cannabis-derived products that contain intoxicating cannabinoids of any origin are considered illegal under HB385.

Vermont

HHC Legality: Unrestricted

HB709 was passed in May of 2022. This bill matches the federal definition of marijuana, which considers products that contain more than 0.3% delta 9 THC illegal. HHC is not mentioned in the Vermont legislature.

HB548, if passed, would prohibit the sale of delta 8 and delta 10 — but HHC isn’t mentioned.

Virginia

HHC Legality: Unrestricted

In Virginia, cannabis laws mimic the language used in the federal bill — which suggests that any hemp-derived HHC is legal as long as the THC content remains below 0.3% total.

Washington

HHC Legality: 0.3% Limit

All products derived from CBD are prohibited in the state. This prohibition affects LCB-licensed facilities and registered dispensaries within the state only. It’s unclear how regulators view out of state manufactures operating online. Most experts agree the safe route is to ensure all hemp-derived products contain no more than 0.3% THC.

West Virginia

HHC Legality: Regulated (Registered Vendors Only)

All cannabis products must be registered with the West Virginia Department of Agriculture. There’s no language in the laws that suggest HHC would be illegal here, but it’s unlikely the department will provide licenses for those selling HHC, delta 8, or THC-O products in the near future.

Wisconsin

HHC Legality: Unrestricted

The Wisconsin Hemp Program suggests that all cannabinoids derived from hemp are considered legal under Wisconsin state law. The exception is delta 9 THC, which is limited to 0.3% of the total product.

Wyoming

HHC Legality: Unrestricted

The Wyoming Hemp Program makes no indication that hemp-derived HHC is illegal in the state of Wyoming.

The FDA & DEA on HHC

The Food and Drug Administration (FDA) has not commented on HHC specifically, but it has said that it does not approve any THC-derived drug for medical use. This statement likely applies to HHC as well, despite the technical differences involved in producing it.

The U.S. Drug Enforcement Administration (DEA) has stated that delta 9 THC is a controlled substance subject to the restrictions delineated in the Controlled Substances Act. They have failed to mention delta 8 or delta 10 THC despite the widespread availability of these cannabinoids in recent years.

Will HHC Cause You to Fail a Drug Test?

Probably. HHC will most likely cause a person to fail a drug test, although some anecdotal evidence suggests that it won’t. HHC is chemically similar to THC and will trigger the same positive results if it’s present in the person’s system when the test is administered.

However, HHC is not as biologically active as THC and could be metabolized more quickly and eliminated from the body sooner. The safest bet is to assume that HHC will cause you to fail a drug test the same way THC will and avoid using it if you know you will be tested.

Wrapping Up: Is HHC Legal Where I Live?

While the laws are confusing and often contradictory, hemp-derived HHC remains legal in most states. Part of this is because this cannabinoid hasn’t been around long enough to draft new laws, and part of it is because it can be derived entirely from hemp.

With that said, the laws aren’t always clear, and they change all the time. It’s important to familiarize yourself with your local state laws before placing an order or using HHC.

With upcoming changes involving the MORE Act, CAOA Act, or other cannabis legislature, it’s highly likely that HHC will be confirmed legal throughout the country within the next 24 months.